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(영문) 서울중앙지방법원 2019.06.26 2018고단5768

상해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 6, 2018, at around 02:05, the Defendant: (a) laid down the instant taxi in front of the seed and seedling park located in Jongno-gu Seoul Jongno-gu, Jongno-gu, Seoul (hereinafter “instant taxi”); (b) set up the instant taxi in front of the victim C, and then snicked B the destination to B; (c) but (d) “Icheon-do cannot go to the instant taxi” from B, after hearing the horses that “Icheon-do cannot go to the instant taxi,” and then damaged the instant taxi owned by the victim, such as the repair cost of the instant taxi that was KRW 342,219, 219.

2. The obstruction of performance of official duties and the Defendant: (a) on June 6, 2018, at the same place as Paragraph (1) and at the same time, arrested the Defendant as a flagrant offender causing property damage and damage from the police box belonging to the Seoul Hyeung Police Station Esa (the age of 31) who was called out after receiving 112 reports at the same place as Paragraph (1). As such, the Defendant pushed the victim’s breast part by hand.

As above, the Defendant, who was arrested as a flagrant offender and arrived in front of the police box located in Jongno-gu Seoul Metropolitan City, was spawned one time by head, and then pushed the victim’s spawn with the entrance rail, which was near the subway station, and committed an assault, such as spawning the left side of the subway station, thereby interfering with the police officer’s legitimate execution of duties concerning the report and criminal investigation, and at the same time, sustained the victim’s injury on the left side side of the part requiring a suspension of the water box, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Each legal statement of witness B, F, and H;

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. Each police statement concerning B and F;

1. B written statements;

1. Application of the Acts and subordinate statutes to a criminal investigation report (Submission of a written diagnosis of injury to the Fund of a victim), diagnosis report, investigation report (Submission of written estimate to the victim B), and written estimate;

1. Relevant statutory provisions of Article 257(1) of the Criminal Act concerning criminal facts (the point of injury), Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties), Article 366 of the Criminal Act, and Article 366 of the Criminal Act concerning the damage of property, the choice of imprisonment is made.